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Water Pollution Water Rights

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reasonable Use Requirements for Colorado River Lower Basin Water Deliveries: Natural Resources Defense Council Petition to the...

The Natural Resources Defense Council and Waterkeepers (collectively, “NRDC”) submitted on May 6th a document to the United States Department of Interior (“DOI”) styled: Petition to the Secretary of Interior to Enforce...more

Brownstein Hyatt Farber Schreck

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Allen Matkins

California Environmental Law & Policy Update 9.6.24

Allen Matkins on

The Centers for Disease Control and Prevention will lead an investigation into the Tijuana-U.S. cross-border sewage crisis, measuring the potential health impacts on people who live and work near where millions of gallons of...more

Downey Brand LLP

Lawsuit seeks to have California Waterways Identified as Hydrologically Impaired under the Clean Water Act

Downey Brand LLP on

On November 1, 2017 the Earth Law Center, San Diego Coastkeeper and Los Angeles Waterkeeper (Petitioners) filed a Verified Petition for Writ of Mandate seeking to compel the State Water Resources Control State Board (Board)...more

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